IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 645 of 1999()
1. BALAN NAIR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.SARVOTHAMAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :02/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.645 of 1999
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Dated this the 2nd day of July, 2007
O R D E R
The revision petitioners stand convicted for the offence
under Sections 341, 447, 448 and 325 read with Section 34 IPC
and sentenced to undergo R.I. for a period of one month each
for the offences under Sections 325, 341, 447 and 448 read with
34 IPC and also to pay a fine of Rs.5,000/- each for the offence
under Section 325 IPC. The sentences of imprisonment shall run
concurrently.
2. The prosecution version is that the accused 1, 2 and 3
(A3 is absconding) on 15.2.1995 at about 9.00 p.m., trespassed
into the residential compound of the defacto complainant and
caused grievous hurt to her by attacking with a stick resulting in
fracture to the right forearm.
3. The evidence adduced in the matter consisted the
testimony of PWs’ 1 to 9 and Exts. P1 to P5. Although, charge
sheeted for the offence under Section 326 read with Section 34
IPC, as the weapon was not identified the accused were
convicted for the lesser offence under Section 325 IPC.
4. The counsel for the revision petitioner has only
CRRP645/99 Page numbers
pleaded for leniency pointing out that the incident has taken
place in February 1995 and A1/first revision petitioner is right
now 67 years of age and is suffering from various ailments.
5. Considering the evidence adduced in the matter and
the concurrent findings of the courts below, I find that the
conviction is only to be confirmed; and I do so. In the
circumstances pointed out by the counsel for the revision
petitioner, the sentence imposed for the offence under Section
325 IPC read with Section 34 is modified to imprisonment till the
rising of the court and to pay a compensation of Rs.10,000/- by
each of the accused to PW1 and in default, to undergo simple
imprisonment for six months each. It is submitted that a sum of
Rs.5,000/- each, the fine amount, has been deposited before the
court below. If so, the revision petitioner will be liable to deposit
the balance Rs.5,000/- each. The fine amount deposited shall be
treated as compensation. The revision petitioners/A1 and A2
shall appear before the Judicial First Class Magistrate Court-III,
Thrissur on 16.8.2007 to receive the sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl